Terms of Service

Updated February 14, 2017
OuiSi Inc. (“OuiSi,” “we” or “us”) is a company incorporated in the State of Delaware.

Agreement to Terms

These Terms of Service (“Terms”) govern use of the OuiSiTM Application (“OuiSi app”). By installing and using the OuiSi app, you agree to be bound by these Terms. If you do not agree with the Terms, you are not entitled to use the OuiSi app, though we would love to hear your thoughts about why you disagree (email us at feedback@ouisi.co). By using the OuiSi app, you agree to be bound by these Terms. It’s important so please give it a read.

Changes to Terms

As we improve what we offer you as a OuiSi app user, we might change the way the OuiSi app works from time to time, released as updated versions of the OuiSi app. Thanks in advance for agreeing to let us have that flexibility! When we improve the OuiSi app, we will update the Terms when we think it is necessary. You will hear about updated Terms along with OuiSi app updates. The current Terms will always be easy for you to find through the OuiSi app. We trust you to read the revisions when they change. Whenever you use the OuiSi app you are telling us you still agree to these Terms.

Who May Use the OuiSi App

To use the OuiSi app, the law in most countries says you need to be 13 years old. In the United States, you also need your parent or guardian’s consent unless you are older than 18. These ages change a bit from country to country so make sure you are old enough for the law that applies to where you live. There is no fee to use the OuiSi app and there are no in-app purchases.

Using the Services

We have to say it – don’t use the OuiSi app while driving or using other dangerous machines. The OuiSi app can wait until you have none of those important things going on. Remember, using the OuiSi app means you agree to these Terms, and this includes agreeing that you are the only one responsible for your use of the OuiSi app.

Ownership

We exclusively own all right, title and interest in and to the OuiSi app, including all associated intellectual property rights. By using the OuiSi app you acknowledge that what you see and the code that makes it all work are protected by copyright, trademark, and other laws of the United States and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the OuiSi app or associated content.

We agree to grant to anyone who uses the OuiSi app, and who agrees to these Terms, a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the OuiSi app and content so long as you only do it to play the game and not to try and make something else or to make money off what we have created.

Images and Feedback

We welcome any constructive feedback that helps us improve the OuiSi app. You can submit feedback by tapping on “Give Feedback” in the OuiSi app, or emailing us at feedback@ouisi.co.

We also expect that you will own the copyright for any images or other content that you use with the OuiSi app. You agree that you will not bring any claims of intellectual property infringement against OuiSi Inc. related to any images or other content that you use with the OuiSi app, and that you will not contribute to, support, or aid in any way a claim of intellectual property infringement against OuiSi Inc.­ made by third party.

Privacy

You probably found the OuiSi app from a third-party app provider. There are a few things they ask us to make sure you understand:

These Terms you are reading are concluded between you and OuiSi Inc. and not with the app provider, and that OuiSi Inc. (not the app provider), is solely responsible for the OuiSi app.
The app provider has no obligation to furnish any maintenance and support services with respect to the OuiSi app.
The app provider is not responsible for addressing any claims you have or any claims of any third party relating to the OuiSi app or your possession and/or use of the OuiSi app, including, but not limited to: (i) product liability claims; (ii) any claim that OuiSi Inc. fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation.
In the event of any third-party claim that OuiSi Inc. or your possession and/or use of the OuiSi app infringes that third party’s intellectual property rights, the app provider will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim or for any other matter.
The app provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the OuiSi app, and upon your acceptance of these Terms, the app provider will have the right to enforce these Terms as related to your license of the OuiSi app against you as a third-party beneficiary thereof.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the OuiSi app, nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws or regulations. By using the OuiSi app you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Monitoring

Although we’re not obligated to monitor either access to the OuiSi app, or use of it, or to review or edit any content, we have the right to do so. We might need to do so for the purpose of operating the OuiSi app or to ensure compliance with these Terms, or compliance with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice. Our reasons might be that we think some of the content is objectionable or in violation of these Terms. An example where objectionable material might be discovered would be through the “Report Photo” button found at the bottom of the Photo Detail view which any user may use to protect their own rights. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Termination

We hope to never need to do this to anyone, but we may terminate your access to and use of the OuiSi app, at our sole discretion, at any time and without notice to you. For example, if you publish photos or posts that are offensive or illegal - being sexually explicit, racist, hate-based, discriminatory, defamatory, self-violent or of any other offensive nature - then we will terminate your access to and use of the OuiSi app. Also, we might have to terminate your access if you use the OuiSi app for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms. That’s not what the OuiSi app is for and not why we hope you play with the OuiSi app. If we do have to terminate or cancel your access to the OuiSi app, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The services and content are provided “as is,” without warranty of any kind. We don’t promise that the app is fit for any particular purpose, or that it does not infringe on anything else out there in the market. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless OuiSi Inc. and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the services or content of the OuiSi app or (ii) your violation of these Terms.

Limitation of Liability

NEITHER OUISI INC. NOR THE AUTHORS OR CREATORS OF THE OUISI APP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT OF THE OUISI APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUISI OR THE AUTHORS OR CREATORS OF THE OUISI APP HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE TOTAL LIABILITY OF OUISI INC., OR OF THE AUTHORS OR CREATORS OF THE OUISI APP, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OUISI INC. AND YOU.

Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. And hey, if things do get ugly, we hope to resolve them like friends. So these Terms include an agreement to resolve any dispute, claim or controversy arising out of or relating to these Terms or the use of the OuiSi app by binding arbitration using the American Arbitration Association rules. And just to be doubly sure, both you and we waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceedings against each other.

Contact Information

Privacy Policy

Updated February 14, 2017

OuiSi Inc. (“OuiSi” “we” or “us”) is a company incorporated in the State of Delaware.

This privacy policy (“Policy”) describes how OuiSi Inc. collects and uses information about users of the OuiSiTM Application (“OuiSi app”). Note that we take privacy, safety and your rights to your own data very seriously. So, thanks for giving this Policy your attention.

Information We Collect

Via the Facebook authentication (log-in) process, we collect a few pieces of information that allow us to authenticate you as a user (i.e. confirm no one is posing as “you” for a malicious purpose) as well as information that will improve your experience as a OuiSi app user. In particular, Facebook provides us with your name, Facebook ID, email address, gender and birthday as well as a profile picture and a list of your Facebook Friends. Note that we only use this Facebook Friends list in order to find others with whom to play with the OuiSi app. Also note that we will not send messages to your Friends or post on your behalf.

We will use the Facebook authentication process and your birthday in order to confirm that you are at least 13 years of age. Sorry, but if you are not at least 13 years old, then you simply can’t use the OuiSi app.
In addition, during your use of the OuiSi app you have the option of providing us with your location such that we can post the area from which you have taken your most recent photo. Note that this option can be changed at any time by adjusting your settings in our Main Menu. We will not share your location data with any third party.

Usage Data

We think we have a really exciting idea expressed by the OuiSi app. But, we always want the OuiSi app to be better. Beyond your direct feedback, we may collect information about your usage that will help us improve our work and provide users with a better OuiSi app experience. Note that none of the usage data collected will be connected to your personal information. In other words, analytics are abstracted.

Use of Personal Information

We may use your personal information as follows:
to operate, maintain, and improve our sites, products, and services.
to respond to your comments and questions and provide customer service.
to send you information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

Sharing of Personal Information

We may share personal information as follows:
In the event that the OuiSi app is a part of a merger, financing, acquisition, or bankruptcy transaction or proceeding, or other similar event with a third party, we may transfer your personal information to that third party as a requirement of the event. We hope that any such third party will respect your personal information in the same way that we do, but if they don’t, you maintain the right to uninstall your OuiSi app and/or contact us/them in order to protect your personal information.
for legal, protection, and safety purposes.
to comply with governing laws.
to respond to lawful requests and legal processes.
to protect the rights and property of OuiSi Inc., our agents, customers, and others. This includes enforcing our agreements, policies (including this Policy), and Terms of Service.
in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
with those who need it to do work for us.
We may also share this info as part of an anonymous, aggregated dataset (e.g. metadata) with others for their own uses.

Contact Information
If you have any questions about this Policy, please contact us at feedback@ouisi.co.